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• Integrated circuits are also implemented in various competitors’
cartridges
2
active in the market.
• The cartridge with integrated circuit may technically be re-
used. As a matter of fact, a discharged cartridge may be refilled
by means of resetting or replacing the integrated circuit.
• Different options exist in case a cartridge runs out: (i) an origi-
nal cartridge may be purchased in lieu of the discharged car-
tridge, (ii) a cartridge indicated as compatible with various
printer models may be purchased, (iii) the discharged cartridge
may be refilled by means of resetting or replacing the integrat-
ed circuit.
• The use of an original cartridge assures a high quality printing
performance. However, the use of optional ways such as refill-
ing of a discharged cartridge may pose risks of poor quality
printing or even result with a breakdown of the printer notwith-
standing these ways are financially more advantageous.
Abuse of a Dominant Position
The Board, by taking into account that the abusive behavior relat-
ed to the claim is a unilateral behavior, stated that it may only consti-
tute an abuse of a dominant position. Indeed, Article 4 of the
Competition Act, regulating agreements and concerted practices
between undertakings or decisions and practices of associations of
undertakings, requires the presence of at least two undertakings.
The Board, in order to evaluate whether this claim constitutes an
abuse of dominant position pursuant to Article 6 of the Competition
Act or not, first determined the element of relevant market and then
examined whether Xerox is in a dominant position.
Determination of the Relevant Market
Relevant Product Market.
The Board stated that markets includ-
ing products such as printers are “primary” or “initial” markets
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Some undertakings which have integrated circuit implementation are as follows: HP, Samsung,
OKI, Epson, Lexmark, Philips, Sagem, Utax, Sharp, Develop and Olivetti.